Specific Rights at Airport. A. Airline shall have the right, in addition to all rights elsewhere granted in this Agreement, to use Airport for the following purposes: 1. The operation of an air transportation system for the carriage of persons, property, freight and mail, including all activities reasonably necessary to such operation. 2. The landing, taking off, flying over, taxiing, pushing, towing, loading, unloading, repairing, maintaining, conditioning, servicing, parking, storing and testing of aircraft or other equipment in areas designated or approved by County, of aircraft operated by Airline, its Affiliates, or other Signatory Airlines with which Airline has an agreement. Any such agreement shall first be approved by County, and County's approval may be withdrawn at any time upon sixty (60) days notice to Airline and the other Signatory Airlines. County may levy a charge against Airline not to exceed five percent (5%) of Airline's gross fees for such services. However, Airline shall not permit the use of the Airfield by any aircraft operated or controlled by Airline which exceeds the design strength or capability of the Airfield as described in the then-current FAA-approved Airport Layout Plan (ALP) or other engineering evaluations performed subsequent to the then-current ALP, including the then-current Airport Certification Manual. 3. The sale of tickets, and ticket related services, documentation of shipments, handling of reservations, and the loading and unloading of persons, property and mail at Airport by such motor vehicles or other means of conveyance as Airline may desire to use in the operation of its air transportation business provided, however, that Airline shall only contract with service providers licensed and approved by County to deliver property and to carry persons or their baggage to and from the Airport. County shall not unreasonably withhold its approval of the licensing of a service providers designated by Airline to transport Airline personnel or lost baggage to and from the Airport. 4. The training at Airport of persons and testing of aircraft and other equipment at Airport, such training and testing to be limited to that incidental to Airline's air transportation business at Airport and shall not be construed as allowing any flight training whatsoever on the Airport. All such training shall be subject to reasonable regulations and licensing requirements as the County may establish. 5. The purchase of Airline's requirements of personal property and services incidental to Airline's air transportation business, including but not limited to fuel, lubricants, food, beverages and any other materials and supplies to be used by or services performed for Airline from any person or company of Airline's choice, provided that any such company or person has complied with all Applicable Laws, and such reasonable rules and regulations and licensing requirements of the Aviation Department and the County as may be adopted and revised from time to time, permitting such company or person to operate at the Airport. Nothing herein shall be construed to permit Airline to store aviation fuels at the Airport. Fuel tenders are prohibited on Terminal aircraft aprons serviced by the fuel hydrant system except by separate authorization of County. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between Airline and County. 6. The sale, disposal and exchange of Airline's aircraft, engines, accessories, other equipment, materials and supplies, and the exchange of fuel, oil and lubricants with other tenant Scheduled Air Carriers; provided that such right shall not be construed as authorizing the conduct of a separate regular business by Airline, but as permitting Airline to perform such transactions as are incidental to the operation of its air transportation business. Airline shall not have the right to sell fuel, oil and lubricants or provide in-to-plane fuel services to others at the Airport.
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Specific Rights at Airport. A. Airline shall have the right, in addition to all rights elsewhere granted in this Agreement, to use Airport for the following purposes:
1. The operation of an air transportation system for the carriage of persons, property, freight property and mail, including all activities reasonably necessary to such operation.
2. The landing, taking off, flying over, taxiing, pushing, towing, loading, unloading, repairing, maintaining, conditioning, servicing, parking, storing and testing of aircraft or other equipment in areas designated or approved by Countyequipment, of aircraft or operated by Airline, its Affiliates, or other Signatory Airlines tenant Scheduled Air Carrier with which Airline has an agreement, including the right to provide or handle all or part of such company’s operations or services. Any such agreement shall first be approved by County, and County's ’s approval may be withdrawn at any time upon sixty (60) days notice to Airline and the other Signatory AirlinesScheduled Air Carrier. County may levy a charge against Airline not to exceed five percent (5%) of Airline's ’s gross fees for such services. However, Airline shall not permit the use of the Airfield by any aircraft operated or controlled by Airline which exceeds the design strength or capability of the Airfield as described in the then-current FAA-approved Airport Layout Plan (ALP) or other engineering evaluations performed subsequent to the then-current ALP, including the then-current Airport Certification Manual.
3. The sale of tickets, and ticket related services, documentation of shipments, handling of reservations, and the loading and unloading of persons, property and mail at Airport by such motor vehicles or other means of conveyance as Airline may desire to use in the operation of its air transportation business system; provided, however, that Airline shall only contract with service providers ground transportation carriers licensed and approved by County to deliver property and to carry persons or their baggage to and from the Airport. County shall not unreasonably withhold its approval of the licensing of a service providers ground transportation carrier designated by Airline to transport Airline personnel or lost baggage to and from the Airport.
4. The training at Airport of persons and testing of aircraft and other equipment at Airport, such training and testing to be limited to that incidental to Airline's ’s air transportation business at Airport and shall not be construed as allowing any flight training whatsoever on the Airport. All such Flight training shall be undertaken by Airline only to the extent permitted by, and subject to reasonable the fees and conditions of County’s rules and regulations and licensing requirements as the County may establishapplicable from time to time.
5. The purchase of Airline's ’s requirements of personal property and services incidental to Airline's ’s air transportation businesssystem, including but not limited to fuel, lubricants, food, beverages and any other materials and supplies to be used by or services performed for Airline from any person or company of Airline's ’s choice, provided that any such company or person has complied with all Applicable Laws, and such reasonable rules and regulations and licensing requirements of the Aviation Department and the County as may be adopted and revised from time to time, permitting such company or person to operate at the Airport. Nothing herein shall be construed to permit Airline to store aviation fuels at the Airport. Fuel tenders are prohibited on Terminal aircraft aprons serviced by the fuel hydrant system except by separate authorization of County. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between Airline and County.
6. The sale, disposal and exchange of Airline's ’s aircraft, engines, accessories, other equipment, materials and supplies, and the exchange of fuel, oil and lubricants with other tenant Scheduled Air Carriers; provided that such right shall not be construed as authorizing the conduct of a separate regular business by Airline, but as permitting Airline to perform such transactions as are incidental to the operation of its air transportation businesssystem. Airline shall not have the right to sell fuel, oil and lubricants or provide in-to-plane fuel services to others at the Airport.
7. The servicing of Airline’s aircraft and other equipment with fuel, oil, lubricants and other materials and supplies at the Aircraft Parking Apron and other locations designated by County for such servicing.
8. The installation and operation of identifying signs on Airline Premises; and general type, design and location of all of such signs visible to the public shall be subject to County approval.
9. The installation, maintenance and operation of such radio, communication, meteorological and aerial navigation equipment and facilities in, on and about the Airline Premises as may be necessary or convenient in the opinion of Airline for its operations; provided that the location of such equipment and facilities shall be subject to County approval.
B. 1. The rights and privileges granted Airline under this Article with respect to the performance of ground services and activities in connection with its air transportation operations at Airport may be exercised by any company or person designated by Airline, provided, however, that no right is hereby conferred upon any supplier of services or materials (other than Airline) regularly operating at Airport to perform services unless it holds a valid lease, license or other agreement with County authorizing it to furnish the material and/or perform the service in question and pays to County an appropriate rental, fee and/or percentage of gross revenue derived as a result of any materials furnished or services supplied to other than Airline.
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Specific Rights at Airport. A. Airline shall have the right, in addition to all rights elsewhere granted in this Agreement, to use Airport for the following purposes:
1. The operation of an air transportation system for the carriage of persons, property, freight property and mail, including all activities reasonably necessary to such operation.
2. The landing, taking off, flying over, taxiing, pushing, towing, loading, unloading, repairing, maintaining, conditioning, servicing, parking, storing and testing of aircraft or other equipment in areas designated or approved by Countyequipment, of aircraft or operated by Airline, its Affiliates, or other Signatory Airlines tenant Scheduled Air Carrier with which Airline has an agreement, including the right to provide or handle all or part of such company’s operations or services. Any such agreement shall first be approved by County, and County's ’s approval may be withdrawn at any time upon sixty (60) days notice to Airline and the other Signatory AirlinesScheduled Air Carrier. County may levy a charge against Airline not to exceed five percent (5%) of Airline's ’s gross fees for such services. However, Airline shall not permit the use of the Airfield by any aircraft operated or controlled by Airline which exceeds the design strength or capability of the Airfield as described in the then-current FAA-approved Airport Layout Plan (ALP) or other engineering evaluations performed subsequent to the then-current ALP, including the then-current Airport Certification Manual.
3. The sale of tickets, and ticket related services, documentation of shipments, handling of reservations, and the loading and unloading of persons, property and mail at Airport by such motor vehicles or other means of conveyance as Airline may desire to use in the operation of its air transportation business system; provided, however, that Airline shall only contract with service providers ground transportation carriers licensed and approved by County to deliver property and to carry persons or their baggage to and from the Airport. County shall not unreasonably withhold its approval of the licensing of a service providers ground transportation carrier designated by Airline to transport Airline personnel or lost baggage to and from the Airport.
4. The training at Airport of persons and testing of aircraft and other equipment at Airport, such training and testing to be limited to that incidental to Airline's ’s air transportation business at Airport and shall not be construed as allowing any flight training whatsoever on the Airport. All such Flight training shall be undertaken by Airline only to the extent permitted by, and subject to reasonable the fees and conditions of County’s rules and regulations and licensing requirements as the County may establishapplicable from time to time.
5. The purchase of Airline's ’s requirements of personal property and services incidental to Airline's ’s air transportation businesssystem, including but not limited to fuel, lubricants, food, beverages and any other materials and supplies to be used by or services performed for Airline from any person or company of Airline's ’s choice, provided that any such company or person has complied with all Applicable Laws, and such reasonable rules and regulations and licensing requirements of the Aviation Department and the County as may be adopted and revised from time to time, permitting such company or person to operate at the Airport. Nothing herein shall be construed to permit Airline to store aviation fuels at the Airport. Fuel tenders are prohibited on Terminal aircraft aprons serviced by the fuel hydrant system except by separate authorization of County. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between Airline and County.
6. The sale, disposal and exchange of Airline's ’s aircraft, engines, accessories, other equipment, materials and supplies, and the exchange of fuel, oil and lubricants with other tenant Scheduled Air Carriers; provided that such right shall not be construed as authorizing the conduct of a separate regular business by Airline, but as permitting Airline to perform such transactions as are incidental to the operation of its air transportation businesssystem. Airline shall not have the right to sell fuel, oil and lubricants or provide in-to-plane fuel services to others at the Airport.
7. The servicing of Airline’s aircraft and other equipment with fuel, oil, lubricants and other materials and supplies at the Aircraft Parking Apron and other locations designated by County for such servicing.
8. The installation and operation of identifying signs on Airline Premises; and general type, design and location of all of such signs visible to the public shall be subject to County approval.
9. The installation, maintenance and operation of such radio, communication, meteorological and aerial navigation equipment and facilities in, on and about the Airline Premises as may be necessary or convenient in the opinion of Airline for its operations; provided that the location of such equipment and facilities shall be subject to County approval.
B. 1. The rights and privileges granted Airline under this Article with respect to the performance of ground services and activities in connection with its air transportation operations at Airport may be exercised by any company or person designated by Airline, provided, however, that no right is hereby conferred upon any supplier of services or materials (other than Airline) regularly operating at Airport to perform services unless it holds a valid lease, license or other agreement with County authorizing it to furnish the material and/or perform the service in question and pays to County an appropriate rental, fee and/or percentage of gross revenue derived as a result of any materials furnished or services supplied to other than Airline.
2. It is understood that if Airline’s suppliers, contractors and furnishers of services lease, for its or their exclusive use, any portion of Airport or facilities of County, then County may charge only reasonable rentals therefor (which rentals shall be based upon the use and occupancy of County’s property for the conduct of a business therefrom and such rentals shall not contain any increment of charge representing a surcharge upon such person, company, firm or corporation for the right to transact business with Airline on Airport). In addition thereto, County may levy a concession fee against contractors and suppliers of inflight food and beverage catering services to Airline at a rate not to exceed five percent (5%) of such contractors’ or suppliers’ gross annual sales to Airline (exclusive of the amount attributable to this fee) for use or delivery at Airport; and in addition thereto County may charge contractors and suppliers of inflight food and beverage services such percentages of contractors’ or suppliers’ gross annual sales resulting from sales to anyone other than Airline either on or off Airport as may be mutually agreed upon between County and contractors and suppliers of such services.
3. County shall have the right to levy a charge of not to exceed five percent (5%) of Airline’s gross revenues from the sale by Airline of alcoholic or other beverages or food in a passenger service lounge or other areas established by Airline for such purpose.
C. The rights and privileges granted to Airline under this Article to contract with third parties for obtaining services and materials shall be subject and subordinate to restrictive agreements, franchises, licenses, and other rights previously granted by County to fixed base operators, ground transportation carriers, and other providers of ground services. Copies of such agreements are available for inspection by Airline at the office of the Aviation Department.
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Samples: Airline Airport Lease and Use Agreement (Spirit Airlines, Inc.)
